Breath Test Notices Serving Clients From The Berkshires to Boston

Have You Recently Received a Notice in the Mail about the Breath Test Used in Your OUI Case?

On February 1, 2021, the Court ordered 27,000 letters to be sent to those impacted by unreliable breathalyzers that were calibrated between June of 2011 and April 17, 2019. Defendants who took a plea or were found guilty after trial because of evidence derived from the Draeger 9510 breathalyzer may be eligible to have their conviction vacated.

The removal of an OUI conviction could have significant positive impacts related to a criminal record, driver’s license, employment opportunities, housing eligibility, immigration consequences, and more.

Attorney Bernard is lead defense counsel in the statewide litigation Commonwealth v. Ananias, which challenged the reliability of breath test results. The case shed light on significant shortcomings and the intentional malfeasance at the Office of Alcohol Testing (OAT). The defense uncovered how OAT withheld court-ordered exculpatory evidence of breathalyzers failing calibrations from defendants across the state. What these 27,000 letters represent is the potential for justice for citizens impacted by OAT's serious misconduct and the resulting omissions made in the prosecution of their criminal case.

Recently, Attorney Bernard has been mentioned in many local and national news articles, including US News, where he is quoted as saying the notices were “a huge development” for the thousands of people whose lives “were turned upside down.”

Our firm has been leading the charge across Massachusetts to help defendants vacate their conviction based upon unreliable breath tests.

If you believe you are one of the defendants affected by the unreliable breath tests, please contact us at 413-731-9995 for a free consultation today.

Lawyers Who Provide a Scientific Defense

  • Trained Breath Test Machine Operator

    Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.

  • Certified Field Sobriety Test Administers

    Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.

  • Former Assistant District Attorney

    We understand OUI cases from both sides of the fence and know exactly how to defend our clients.

  • Unique Certification & Expertise

    Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the internationally acclaimed Borkenstein drug and alcohol courses. Attorney Bernard is also the only lawyer in Massachusetts who is a member of the American Chemical Society.

Meet The Law Offices of Joseph D. Bernard P.C.

The Pinnacle of Drunk Driving Defense

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    “I'm here to tell you as someone who went through it and knows how scary it is when you are facing that black hole and approaching the event horizon and realize that you are about to lose everything you ever knew and fought for, this is the man you want.”

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    He truly is a top of the line attorney.

    “Listen to Atty Bernard when he gives the advice. His staff was great. Thank you, Joe, and keep up the good work.”

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    Joe is well known and respected in the courtroom.

    “Joe is very knowledgeable and experienced with MA DUI laws. We worked well together to come up with the best solution for my case. The outcome was what I was hoping for and could not be more pleased.”

    - Former Client
    They kept me informed step by step.

    “I was extremely confident with the representation of the firm. Their rates are reasonable, their professional and they not only handled one state but two. They clearly knew the law and I would gladly use them again if I needed it.”

    - Former Client
    I always felt respected and part of the team.

    “I was very pleased with the expertise and professionalism with which Attorney Joe Bernard managed my case. It quickly became clear to me that he has the experience and respect of his peers necessary for effective litigation. I’ll always be grateful.”

    - Avvo User

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